DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (CENTRAL)
MAHARANA PARTAP BUS TERMINAL: 5th FLOOR.
KASHMERE GATE DELHI.
No. DF / Central/ 2015
Consumer Complaint No | : | CC 61/2014 |
Date of Institution | : | |
| | | |
Ranvir Sharma
R/o A-121-A Block,
Ashok Nagar,
New Delhi-110093
..........Complainant
Versus
M/s Shikhar Auto
941/ B, Old Vijay nagar,
Opposite Dayal Public School
Ghaziabad, UP ..........Respondent/OP
BEFORE
SH. RAKESH KAPOOR, PRESIDENT
NUPUR CHANDNA, MEMBER
V. K. DABAS, MEMBER
ORDER
Per Sh. RakeshKapoor, President
The complainant is the registered owner of a motorcycle bearing number DL 3S BL 5212. He had purchased a policy of insurance from the OP in respect of the aforesaid motorcycle vide cover note number328998 dated 3.5.2012. It is alleged by the complainant that on 18.11.2011 the motorcycle had suffered damage in an accident with a truck. He had taken the motorcycle to the authorized service center of OP3 and had
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got it repaired at a cost of Rs. 9999/. He had lodged a claim with OP1 and OP2 on account of cost of repairs which has not been paid. Hence , the complaint.
OPs number 1 and 2 have filed a written statement. They have denied any deficiency in service and have claimed that the complaint is an abuse of the process of law. Preliminary Objections numbers 3 and 4 of the written statement are relevant for the purpose of the decision of this complaint and are reproduced as under:
3. That the complainant has not approached this Hon’ble Forum with clean hands and has been guilty of concealment as well as misrepresentation of material facts. The complainant concealed the material fact that the proposal form was rejected and cover note no. 3289998 was cancelled by the answering OP company vide the letter dated 23.5.2012 alongwith the refund cheque no. 679071 dated 30.6.2012 for the amount of ‘819/- due to incomplete documents. A copy of letter dated 23.5.2012 alongwith copy of cheque no. 679071 and postal receipt is attached herewith.
4. That the answering OP is bound to indemnify the complainant as the proposal form was rejected and amount was refunded therefore the vehicle no. DL 3SBL 5212 was not insured with the answering OP and there was no privity of contract between the complainant and answering OP. The present complaint before this Hon’ble forum is completely misconceived and baseless and is liable to be dismissed.
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OPs number 1 and 2 have contested the complaint on merits and have admitted that the complainant had submitted a proposal form bearing number 3289998 dated 3.5.2012 seeking insurance of the vehicle in question. They have claimed that they had rejected the proposal and had informed the complainant accordingly. They have also stated that it had refunded the amount received from the complainant. They have prayed that the complaint be dismissed.
We have heard arguments advanced at the bar and have perused the record.
On behalf of the OP numbers 1 and 2, an affidavit has been filed by Sh. Vikas Goyal Assistant Manager, Legal who has reiterated the contents of the written statement. He has deposed that the proposal form had been rejected and the company had refunded a sum of Rs. 819/- to the complainant vide cheque number 679071 dated 30.6.2012. He has relied upon a copy of the letter Ex. OPW1 /A vide which the said cheque was sent to the complainant. In view of the stand taken by the OP we are unable to hold any deficiency in service on its part. Since the vehicle was not insured with OP numbers 1 and 2 ,there was no obligation to pay . We see no merits in this complaint. The same is hereby dismissed.
A copy of this order be made available to both the parties free of cost as per law.
File be consigned to R/R.
Announced in open sitting of the Forum on_____________
( NUPUR CHANDNA (VIKRAM K DABAS ( RAKESH KAPOOR )
MEMBER MEMBER PRESIDENT
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